Drainage and Improvement of Lands (Ireland) Act, 1855

Power to set off Benefit resulting during Execution of the Works.

XII. In all Cases of Claims for Compensation or Purchase Money made or to be made upon the said Commissioners it shall be lawful for the said Commissioners to set off against such Claims the Value of any Benefit which may have resulted or accrued to the Lands of the Party or Person making such Claim during the Execution of the Works of the said Commissioners, and before the making of the Final Award for the District in which such Lands may be situate; and the Arbitrator before whom any such Claim shall be made, when setting forth the Price or Compensation to be paid in respect of any such Claim, and the Jury before whom the Trial of any Traverse against the Award of such Arbitrator shall be had, shall take into consideration any Advantages or Benefit which may have resulted or accrued as aforesaid to the Lands of the Party or Person making such Claim.